cannabisnews.com: Let The Feds Quit Meddling on Pot





Let The Feds Quit Meddling on Pot
Posted by CN Staff on November 01, 2002 at 09:34:56 PT
Editorial
Source: Albany Democrat-Herald 
Another marijuana case has hit the news, and it reinforces the notion that Congress ought to reconsider the federal drug law on that subject.As reported Tuesday, a panel of the 9th Circuit Court of Appeals ruled that in states with medical-marijuana laws, the federal government must not penalize doctors who recommend the substance. The government had threatened to do just that.
Oregon is one of the states where the voters have allowed people to get a license to have marijuana for medical purposes. The debate continues whether the substance has any medical uses, but we may take the word of those who say it helps them. For the most part they suffer serious illnesses or disabilities, and what harm is there in allowing them whatever comfort they can find?In Linn County recently, a federal agent confiscated 12 marijuana plants from three people who under state law are allowed to grow them and to smoke pot as medication. The agent accompanied the local anti-drug team on a visit to check out those three. Once he saw the plants, he had no choice under federal law but to do his duty and take them away. The incident illustrated the conflict between state and federal law.The Linn County case and the 9th Circuit ruling bring up this question: Where does the federal government, specifically Congress, get the authority to regulate marijuana, a fairly common weed?Presumably the government takes its authority from the commerce clause, which gives Congress power to regulate a lot of things with interstate connections or aspects.But there is no interstate angle in the Oregon law. It allows people to have marijuana for a very limited purpose if they get the proper license from the state. They have to check with a doctor first. Assuming that the pot seeds can be secured locally, none of this involves anything going across state lines. The doctor is not in interstate business, and neither is the patient.With that in mind, it would be helpful for Congress to remember that its powers under the Constitution are not unlimited, that they do not extend to every activity under the sun. Congress should let states alone in regard to matters such as this, which affect only people in each state and make no difference anywhere else.If Congress does not act, let us hope the latest ruling is just another step on the way to having the Supreme Court remind Congress where its powers end. Source: Albany Democrat-Herald (OR)Published: October 31, 2002Copyright: 2002 Lee EnterprisesWebsite: http://www.dhonline.com/Contact: mike.henneke dhonline.comRelated Articles & Web Sites:Hemp & Cannabis Foundationhttp://www.thc-foundation.org/Conant vs. Walters & Judge Kozinskihttp://freedomtoexhale.com//cw.htmOMMP -- Medical Marijuana Programhttp://www.ohd.hr.state.or.us/oaps/mm/DEA Seizes Marijuana Plants from Permit Holder http://cannabisnews.com/news/thread14621.shtmlFederal Seizure of Marijuana Provokes Lawsuithttp://cannabisnews.com/news/thread14552.shtml
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Comment #3 posted by FoM on November 01, 2002 at 10:36:53 PT
CorvallisEric
I didn't see an author so I posted it an an editorial opinion. I saw 2 initials though. Thanks for telling us.
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Comment #2 posted by knox42897 on November 01, 2002 at 10:30:25 PT:
With a WIN from nevada
When we win this nov. 5th that will send a huge message. 
It will be setting the example for the rest of the states. Remeber 2 years ago 2 seeds was a felony, to have progressed to almost legalization of 3 ounces is very progressive and resposible. Just like "gaming" stated in nevada now most states have it. It's going to happen, look for resposible law enforcement coming near you soon, and if you can wait move to vegas.LAS VEGAS NEVADANS FOR RESPONSIBLE LAW ENFORCEMENT IN AMERICA
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Comment #1 posted by CorvallisEric on November 01, 2002 at 10:23:23 PT
the author
This editorial was written by Hasso Hering, a decent, intelligent, mostly conservative, common-sense kind of guy who represents the real Middle America that was hijacked by the Fundamentalist Right.
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